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The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

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This article is about the distinction between justification and excuse, a distinction which, while familiar, remains controversial. My discussion focuses on three questions. First, what is the distinction? Second, why is it important? And third, what are some areas of inquiry in which the distinction might be philosophically fruitful? I suggest that the distinction has practical and theoretical consequences, and is therefore worth taking seriously; I highlight two philosophical issues in which the distinction might play a useful role; but I (...) express skepticism about the prospects for drawing a firm distinction between justification and excuse. (shrink)

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The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or a contract pregnancy. In (...) an earlier paper, we challenged this system of parental licensing by showing that arguments in favour of it do not succeed. One argument we failed to consider, however, is that prospective biological parents have a right to reproduce that protects them against the sort of state interference that is involved in parental licensing. According to this argument, because prospective adoptive parents do not exercise a similar right when attempting to become parents, they are not similarly protected. In this paper, we argue that this reproductive rights argument, like other arguments in favour of the status quo on parental licensing, is flawed. We also question whether people in fact have a right to reproduce, and in doing so distinguish this right from others that we think are legitimate, including a right to become a parent and a right to bodily autonomy. (shrink)

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In this paper I consider an objection that friends of the Metaphysic of Temporal Parts (MTP) press against other solutions to the problem of temporary intrinsics and turn it against the MTP itself. I do not argue that the MTP must be false, nor do I argue that there are no arguments in favor of the MTP. Rather, the conclusion I draw is conditional: if the MTP provides an adequate response to the problem of temporary intrinsics, then the MTP provides (...) no reason to reject our commonsense view of the nature of material objects. (shrink)

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According to a familiar and influential view, rights are not absolute. To the contrary, they can sometimes be permissibly interfered with. I find such a view of rights attractive. John Oberdiek thinks otherwise. In a recent paper in this journal, Oberdiek has argued that any account of rights that incorporates a distinction between infringing and violating a right is indefensible. My aim in this paper is to argue that Oberdiek's worries are misplaced. The paper proceeds as follows. After some terminological (...) stage-setting I present a familiar puzzle about rights and compensation and argue that the proper response to the puzzle is to distinguish between various ways in which rights can be interfered with. I then turn to a discussion of the general theoretical picture on which this account of rights rests, and I present some reasons for thinking that Oberdiek's criticisms of that picture are not successful. My conclusion is that the distinction between infringing and violating a right is a plausible one, and that an account of rights that rests on it is not for that reason problematic. (shrink)

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DH Mellor has argued that there can be no negative, disjunctive, or conjunctive properties. This argument has been criticized by Alex Oliver on the grounds that it rests on a contentious identity criterion for facts, but it seems to me that a simpler criticism is available. According to this criticism, the problem with Mellor's argument is that it trades on an ambiguity in the semantics of the phrase "the fact that", according to which "the fact that" can be understood as (...) creating either an intensional or an extensional context. (shrink)

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Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also touch on other (...) forms of discrimination that parental licensing can cause or exacerbate, such as classism, sexism, homophobia, racism, and ableism. We firmly believe that any adequate proposal in favour of parental licensing must take worries about discrimination seriously. Unfortunately, most philosophical proposals fail to do so. (shrink)

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We discuss two kinds of quotation, namely indirect quotation and pure quotation. With respect to each, we have both a negative and a positive plaint. The negative plaint is that the strict Davidsonian treatment of indirect and pure quotation cannot be correct. The positive plaint is an alternative account of how quotation of these two sorts works. /// Discutimos dos tipos de citas, a saber, citas indirectas y citas puras. Hacemos dos planteamientos, uno positivo y otro negativo, con respecto a (...) cada una. El negativo es que el tratamiento estrictamente davidsoniano de las citas indirectas y puras no puede ser correcto. El positivo consiste en dar una explicatión alternativa de cómo funcionan estos dos tipos de citas. (shrink)

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In this paper I argue that certain so-called conceivability arguments fail to show that a currently popular version of physicalism in the philosophy of mind is false. Concentrating on an argument due to David Chalmers, I first argue that Chalmers misrepresents the relation between conceivability and possibility. I then argue that the intuition behind the conceivability of so-called zombie worlds can be accounted for without having to suppose that such worlds are genuinely conceivable. I conclude with some general remarks about (...) the nature of conceivability. (shrink)

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Many contemporary philosophers of mind are concerned to defend a thesis called a posteriori physicalism. This thesis has two parts, one metaphysical, and the other epistemological. The metaphysical part of the thesis—the physicalist part—is the claim that the psychological nature of the actual world is wholly physical. The epistemological part of the thesis—the a posteriori part—is the claim that no a priori connection holds between psychological nature and physical nature. Despite its attractiveness, however, a familiar argument alleges that a posteriori (...) physicalism cannot be true. This argument is sometimes called the Property Dualism Argument Against Physicalism. In this paper, I consider Stephen White’s version of the Property Dualism Argument and argue that it fails. I distinguish two ways in which the argument’s crucial notion might be understood, and I argue that on neither way of understanding it is the Property Dualism Argument compelling. (shrink)

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A standard reading of Anscombe’s “The First Person” takes her to argue, via reductio, that ‘I’ must be radically non-referring. Allegedly, she analogizes ‘I’ to the expletive ‘it’ in ‘It is raining’. Hence nothing need be said about Anscombe’s understanding of “the referential functioning of ‘I’”, there being no such thing. We think that this radical reading is incorrect. Given this, a pressing question arises: How does ‘I’ refer for Anscombe, and what sort of thing do users of ‘I’ refer (...) to? We present a tentative answer which is both consistent with much of what Anscombe says, and is also empirically/philosophically defensible. (shrink)

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My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...) is no tension between the principled approach to hearsay and the rule of law. (shrink)

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We revisit a debate initiated some 15 years ago by Ray Elugardo and Robert Stainton about the domain of arguments. Our main result is that arguments are not exclusively sets of linguistic expressions. Instead, as we put it, some non-linguistic items have ‘logical form’. The crucial examples are arguments, both deductive and inductive, made with unembedded words and phrases. … subsentential expressions such as singular terms and predicates… cannot serve as premises or conclusions in inferences.

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In this paper I reconsider the relation between property and unjust enrichment and respond to a recent argument that actions in unjust enrichment cannot be actions in corrective justice. I suggest that any analysis that regards actions in unjust enrichment as embodying principles of corrective justice requires supplementation by considerations that are, at bottom, proprietary in nature. I argue that there is no incompatibility in viewing actions in unjust enrichment as actions whose grounds are broadly proprietary in nature; that understanding (...) unjust enrichment in this manner does not threaten its theoretical coherence; and that understanding unjust enrichment in this manner allows us to view actions in unjust enrichment as actions in corrective justice. (shrink)

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The Hague Conference on Private International Law currently has a Parentage/Surrogacy Project, which evaluates the legal status of children in cross-border situations, including situations involving international contract pregnancy. Should a convention focusing on international contract pregnancy emerge from this project, it will need to be consistent with the Hague convention on Intercountry Adoption. The latter convention prohibits adoptions unless, among other things, ‘the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to (...) adopt’. Included in it, therefore, is a parental vetting or licensing requirement. In our view, a similar requirement must also appear in any Hague Convention on international contract pregnancy if the two conventions are to be ethically consistent with one another. In particular, there should be a licensing requirement in such a convention for at least some of the prospective parents in contract pregnancy arrangements. We consider several arguments against this conclusion, and argue that none of them is successful. (shrink)

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A review of Andrew Melnyk, A Physicalist Manifesto: Thoroughly Modern Materialism (Cambridge University Press, 2003).

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Neil Campbell has argued that certain problems with the doctrine of psycho-physical supervenience can be overcome if supervenience is viewed as a relation between predicates rather than as a relation between properties. Campbell suggests that, when properly understood, this predicate version of supervenience "expresses a form of psycho-physical dependence that might be useful to those who wish to argue for a supervenience-based physicalism”. In this note I indicate why I think we ought to resist this suggestion. First, I argue quite (...) generally that any appeal to a distinction between predicates and properties is irrelevant to issues concerning physicalism and supervenience. And, second, I argue that Campbell's own predicate version of supervenience fails to capture a notion of dependence that physicalists are likely to find useful. I conclude that viewing supervenience as a relation between predicates does not help in articulating a more plausible version of physicalism. (shrink)

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In the past, the Hague Conference on Private International Law has shaped how people can become the legal parents of children born in countries other than their own. It did so by creating the 1993 Hague Convention on Intercountry Adoption. It is now interested in developing a convention on international contract pregnancy (or what many call “surrogacy”). We discuss in this commentary what such a convention would have to include for it to be ethically consistent with the Convention on Adoption.

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Unjust enrichment continues to fascinate and frustrate. While it is clear that unjust enrichment is a form of private law liability distinct from that found in property, contract, or tort, it remai...

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My aim in this paper is to argue that justification should not be conceived of in purely objective terms. In arguing for that conclusion I focus in particular on Paul Robinson’s presentation of that position, since it is the most sophisticated defense of the objective account of justification in the literature. My main point will be that the distinction drawn by Robinson between objective and subjective accounts of justification is problematic, and that careful attention to the role played by reasonableness (...) in subjectivist accounts of justification reveals that the apparent puzzles Robinson raises for subjectivism are merely apparent. I will suggest that we ought to be reasonable subjectivists about justification, where “reasonableness” is understood in a particular manner. This has consequences for various other issues, including how we make sense of mistaken justification, and I will have something to say about those issues as they arise along the way. (shrink)

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From the time of Descartes to about the 1960s, a certain epistemological idea dominated the philosophy of mind, namely the idea that theses about the relation between mind and body are, if true, a priori truths. Much of recent philosophy of mind is devoted to the question whether that idea is right. My research is largely an attempt to argue that some recent defenses of it are unsuccessful. ;For example, Physicalism is the metaphysical thesis that every actual psychological event, property, (...) or process is necessitated by some actual physical event, property, or process. Many philosophers believe that Physicalism is true. Until about the 1960s, those who believed it true typically believed that statements relating mind and body were a priori truths. Let us call this thesis A Priori Physicalism. Many philosophers nowadays believe, instead, that statements relating mind and body are only a posteriori truths. Let us call this thesis A Posteriori Physicalism. A number of philosophers have argued in recent years that A Posteriori Physicalism is unacceptable; on their view, Physicalists had better be A Priori Physicalists. My thesis examines the question whether that view is correct. ;I begin with a discussion of two influential arguments for the conclusion that Physicalists must be A Priori Physicalists. Chapter 1 addresses itself to an argument for the conclusion that if physicalism is true, every referring psychological expression is coreferential a priori with some referring physical expression. This argument is commonly called the Property Dualism Argument against Physicalism. I argue that the Property Dualism Argument rests on an ambiguous premise: on one reading it begs the question against A Posteriori Physicalism, on the other reading the conclusion of the Property Dualism Argument does not follow. ;Chapter 2 addresses itself to an argument of Frank Jackson's for the conclusion that Physicalists must have an a priori story to tell about how the physical nature of the actual world makes true the psychological nature of the actual world. I distinguish two ways in which this claim might be understood, and I argue that on neither way of understanding it does Jackson have a compelling argument for A Priori Physicalism. ;Finally, in Chapter 3 I turn to a more general discussion of the relation between conceivability and possibility, and its bearing on the dispute between A Priori and A Posteriori Physicalists. I focus in particular on a recent argument of David Chalmers' from the conceivability of so-called zombies to the conclusion that A Posteriori Physicalism is false. I argue that this argument fails to provide compelling reasons for rejecting A Posteriori Physicalism. I argue, first, that it misconstrues the relation between conceivability and possibility, and second, that it fails to establish that zombies are conceivable in the relevant sense. (shrink)

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Byrne & Hilbert argue that colors are reflectance properties of objects. They also claim that a necessary condition for something's being a color is that it causally explain – or be causally implicated in the explanation of – our perceptions of color. I argue that these two positions are in conflict.

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This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of corrective justice. In particular, I suggest that even if a contract gives the (...) promisee a right to only the promisor's performance of the contract, such a right can sometimes entail the acquisition by the promisee of certain rights of ownership. And in situations in which such rights are acquired, the disappointed promisee is entitled to the gains realized by the promisor in breach of contract by reason of the fact that such gains are something to which the promisee has an antecedent right. (shrink)

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This article concerns the problem of factual uncertainty in negligence law. We argue that negligence law’s insistence that fair terms of interaction be maintained between individuals—a requirement that typically manifests itself in the need for the plaintiff to prove factual or “but-for” causation—sometimes allows for the imposition of liability in the absence of such proof. In particular, we argue that the but-for requirement can be abandoned in certain situations where multiple defendants have imposed the same unreasonable risk on a plaintiff, (...) where the plaintiff suffers the very sort of harm that rendered the risk unreasonable, and where the plaintiff cannot prove which of the defendants was the but-for cause of her loss. This approach provides one way to understand the Supreme Court of Canada’s recent decision in Resurfice Corp. v. Hanke. We find support for our approach in various concepts that underlie negligence liability quite generally. These underlying concepts are normative in nature, and manifest core notions of justice and fairness. We argue that approaches to the problem of factual uncertainty that appeal to such normative principles to make sense of atypical cases of causation are in no way inconsistent with the nature and structure of negligence law. Rather, the opposite is true: in taking negligence law seriously as law, such approaches are instead reflective and supportive of it. (shrink)

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In broad outline, the chapter proceeds as follows. As indicated above, the Voluntary Act Principle has two components. The first part, the act component, claims that criminal liability can be imposed on an accused only for the performance of an act. The second part, the voluntariness component, claims that criminal liability can be imposed on an accused only for the voluntary performance of an act. I will argue that both components of the Voluntary Act Principle are in need of amendment. (...) I will first indicate why I think the act component of the Voluntary Act Principle is in tension with the criminal law’s own conception of the necessary conditions for criminal liability, and suggest a relatively simple fix. I will then argue that what is really at work in the voluntariness component of the Voluntary Act Principle is not so much voluntariness but rather what some authors have called the practical agency condition. In making my argument I will appeal to Harry Frankfurt’s hierarchical account of the will in the hopes of illuminating what it means for an action to belong to an agent, and thus, what it means for an agent to be responsible for something she has done. (shrink)

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According to Rivka Weinberg, gametes are like enriched uranium: both are hazardous materials. Exposing human beings to enriched uranium can result in radioactivity and decreased life expectancy, while exposing sperm and ova to each other can result in the creation of needy innocent persons with full moral status. Weinberg argues that when we engage in activities that put our gametes at risk of joining with others and growing into persons, we assume the costs of that risky activity. She calls this (...) the Hazmat Theory of parental responsibility. The theory is novel and important, and has far-reaching consequences for the ethics of procreation, parenting, and population, implying among other things that that the only way to avoid acquiring parental responsibilities may be to “abstain from sexual intercourse or surgically interfere with our gamete-release system.” For these reasons the theory merits careful scrutiny. In this article I criticize the theory's account of how parental responsibility is acquired and its treatment of the standard of care expected of gamete possessors, and argue that it fails to properly account for a distinction between procreative costs and parental responsibility. Even if gametes are hazardous, it does not follow that parental responsibility in Weinberg's sense is acquired whenever one brings new persons into existence. (shrink)

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A review of Larry Laudan, Truth Error and Criminal Law: An Essay in Legal Epistemology (Cambridge University Press, 2006).

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A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).

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A review of Arthur Ripstein, Force and Freedom: Kant's Legal and Political Philosophy (Harvard University Press, 2009).

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A review of Katy Barnett, Accounting for Profit for Breach of Contract (Hart Publishing, 2012).

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A review of Robert Chambers, Charles Mitchell and James Penner, eds., Philosophical Foundations of the Law of Unjust Enrichment (Oxford University Press, 2009).

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